Tagged: Criminal Procedure Code
I live in Mumbai and a case is registered under cheque bounce in a court in Allahabad. Can I get permanent exemption from personal appearance in court in the case – but my lawyer will remain present?
Section 317 of the Criminal Procedure Code gives power to the court to exempt the personal appearance of the accused where the court is satisfied that the personal attendance of the accused before the Court is not necessary in the interests of justice, etc. Section 205 Cr.P.C. may also be relevant in this regard.
Accordingly, if you so wish, you may file an application to the court for personal exemption on the grounds mentioned in your question and citing your hardships. Generally speaking, the court may agree to exempt your personal attendance in the case, except when your personal attendance is essential for the case. It is up to the court to grant you exemption on date to date basis or till further orders.
Section 317 of the Cr.P.C. is reproduced as under:
“317. Provision for inquiries and trial being held in the absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.”
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